第16条（紛争の解決）

最終改定

平成３０年６月１１日

Disclaimer: This document was translated into English (US) from its original version in Japanese. If there is any conflict of understanding due to the translation of this document, the Japanese version shall take precedence over the English version.

SKIYAKI Inc. (hereinafter referred to as the “Company”) sets forth the following Terms of Use regarding the usage of services provided by the Company.

1. Definitions

1. “ID Service” denotes the service in which the Company gives the User an individual ID (TAO ID) to use the service (hereinafter referred to as the “Specific Service”) which the Company designates from other services provided by the Company. The ID service makes it possible for the User to use the Specific Service in regard to various artists in a cross-sectional way with a single ID without re-registering information of the User.

2. “User” denotes a person or party that accesses the websites that provide the ID Service and the Specific Service (hereinafter referred to collectively as the “Services”).

2. Matters to Be Observed

1. The purpose of the Terms of Use is to set forth the rules the User must abide by in order to use the Services provided by the Company. （The person or party who uses the Services must agree to the Terms of Use.） The User shall comply with the Terms of Use in order to use the Services. The person or party who uses the Services shall be deemed as to having agreed to the contents of the Terms of Use.

2. Notifications to the User on the ID Service page or any other guidance, notifications, messages or announcements in regard to the Services from the Company shall constitute an integral part of the Terms of Use.

3. The Company may notify the User of information about the Services by email or through notification on the website.

3. Registration

1. The User shall agree to provide the Company with certain information as specified by the Company to obtain the ID.

2. To obtain the ID, the User shall register his/her/its true and accurate information (hereinafter referred to as “Registration Information”) . If a change in personal information occurs, the User shall promptly change the Registration Information, in the manner prescribed by the Company.

3. The company reserves the right to refuse to provide an ID for any User in the event that:

(1) Any or all of the Registration Information provided by the User to the Company is not true and accurate;

(2) The Registration Information provided is not that of the registrant himself;

(3) The Registration Information pertaining to means of settlement cannot be confirmed or validated;

(4) The User was determined to have been in violation of the Terms of Use or other regulations of the Company.

4. The User who is a minor shall obtain the User's legal representative’s consent (including, but not limited to the person who has parental authority) in advance to accepting or agreeing to these Terms of Use. The Company may deem the User who is a minor has obtained the User's legal representative's consent, provided that the User accepted or agreed to this Terms of Use.

4. Fees

1. The Company provides the User with the ID Service for free. However, the User shall bear the costs and fees for any telecommunication equipment, Internet service provider, construction and maintenance of telecommunication equipment, and Internet service to connect to the computer network.

2. The User can check the usage fees for Specific Service on the website of those services, and so on.

5. ID and Password Management

1. The User shall be responsible for keeping and maintaining the User’s password and ID for the Services in an appropriate manner and shall be careful not to have either password or ID stolen or leaked.

2. In the case that the Services provided by the Company are purchased or used by entering the User’s ID and password, the User himself is deemed to have purchased or used the Services, except for any reasons that should fall under the responsibility of the Company.

6. User’s Information

1. The Company may use the information (including, but not limited to name, address and e-mail address), which the User provided to the Company, (hereinafter referred to as "User's Information") as follows.

(1) to provide Services, guidance or response to inquiries relating to the Services;

(2) to provide guidance or introduction of the services and goods offered by the Company (including, but not limited to sending e-mails) or request to participate in surveys and questionnaires;

(3) to analyze the utilization of the Services, including, but not limited to User demographics.

The Company shall not use the User's Information outside the scope of the above except when the Company obtains individual User consent. Additionally, the Company is also entitled to disclose the User's Information pursuant to the Personal Information Protection Act or other applicable laws and regulations.

2. The Company shall not provide any third party with the User's Information except as expressly provided in this Terms of Use or noted below:

(1) Required by the Personal Information Protection Act or other applicable laws and regulations;

(2) The Company receives a request for disclosure from a person or party that has legal authority;

(3) The Company recovers or protects the rights of the Company and the third party against imminent and unlawful infringement;

(4) The Company deems the need to disclose the User’s Information to a person or company entrusted with operations in the course of business of operating the Services; and

(5) The User’s Information is provided through a transfer of operations of the services to the third party by way of a business transfer or other similar transactions.

3. The Company may jointly use the User’s Information as follows:

(1) Party to Jointly Use the User’s Information:DRUMTAO

(2) Items of the User’s Information to be Jointly Used:name, address, telephone number, e-mail address, date of birth, other information provided by the User, usage history of the Services, and the information that the Company obtained from the third party in a manner that is legitimate and appropriate.

7. Assignment

2. The ID Service is the service for the User to use the Specific Service as one’s own. The User shall not use the ID Service for the purpose of obtaining profit or other commercial purposes.

8. Inquiries

When the User inquires about the Service of the Company, the User shall follow the procedure that the Company specifies in the specific service. The Company will not respond to inquiries that are sent in any other way. Further, there are some inquiries that the Company may not respond to individually depending on the contents.

9. Suspension of Use

The Company shall be entitled to suspend providing any sort of services for the ID holder, or to delete the information of User ID when the User should conduct any of the following acts or any act that the Company determines applicable to any of the following. In this case, if the User has multiple User IDs, the Company may suspend and delete all of the User IDs that the User, who conducts any of the following acts or any act that the Company determines falls under any of the following, has:

(1) Acts that violate the Terms of Use or acts of dishonesty;

(2) Acts that violate any laws or regulations (regardless of the name by which such social rules may be called), acts that violate public order and morality, acts that are apprehended to violate these social rules, or acts that solicit or invite violation of these social rules;

(3) Acts that infringe on the rights, including but not limited to Privacy rights and copyrights, of other third parties;

(4) Acts that collect and accumulate information of the third parties;

(5) Acts that slander, intimidate, or browbeat the third party;

(6) Acts that cause uncomfortable feelings to the third party including, but not limited to indecent expression, discriminatory expression, violent expression, grotesque expression, or other impertinent expressions;

(7) Acts that encourage or have a possibility to encourage discrimination or abhorrence against race, ethnicity, gender, religion or other social attributes;

(8) Acts of business including, but not limited to soliciting, acts of election campaigns, political activities, religious activities including, but not limited to missionary work;

(9) Acts that solicit participation in the same activities from the third party including, but not limited to sending e-mails;

(10) Acts to impersonate the Company, the group corporation of the Company, the entruster, the artists, the trustee or the other party concerned;

(11) Acts that place an excessive burden on the network or system of the Services or acts that interrupt the usage by the other Users;

(14) Acts that report information which is false or cause misunderstanding to the Company;

(15) Acts that threaten to interrupt the operation of the Services;

(16) Acts that defame the Services and goods of the Company;

(17) Acts that offer the third party the User’s ID or password as a loan, assignment or pledge, or acts that change the name of ID, give the third party permission to use the ID, or access the website which the Company provides for commercial purposes;

(18) Acts that sell the goods that the User obtains through the Services including, but not limited to reselling or putting up for internet auction;

(19) Acts that use the information or works which are provided from the Services for the purpose of non-personal use, or acts that reprint or post to the public regardless of being within the network or not;

(20) Acts that acquire the data in regard to the Services illegally, or acts that disclose the data to the third party;

(21) Other acts that the Company deems to be inappropriate;

(22) The Company deems that the Company feels anxiety regarding the User’s credit; or

(23) The User pays after the due date or defaults on charges for the goods or services which the User purchased through the Specific Service.

10. Intellectual Property Rights

1. All of the programs, software, trademarks and trade names which configure the Services, other associated intellectual property rights and other rights incidental therein, belong to the Company or the legitimate rights holders unless otherwise indicated.

2. All of the information, which the User sees and obtains by using the Service, shall not be allowed to be copied, published, broadcasted, or communicated to the public, and used beyond the range of private use without prior and expressed approval of the Company or the legitimate rights holders.

3. The User shall be liable to the Company for any damages incurred by the Company arising out of the information that the User provides the Company by using the Services.

11. Suspension or Discontinuation of the Services

1. The Company shall be entitled to, without any advance notice to the User, suspend or discontinue the Services by its own determination, in whole or in part in the event that:

(1) Inspection, maintenance, improvement or updates of the equipment and computer system for the Services need to be performed due to urgent circumstances or at stated periods;

(2) The Company becomes unable to provide the Services due to circumstances outside of the Company’s control, including but not limited to fire, power blackouts and other natural disasters; or

(3) The Company determines that suspension or discontinuation is required for other operational or technical reasons, or determines it difficult for the Company to provide the Services due to unforeseen circumstances.

2. Under no circumstances shall the Company be liable for any losses or damages incurred by the User or the third party, arising out of suspension or discontinuation of the Services, in whole or in part, for any reason whatsoever.

12. Warranty and Liability

1. The Company makes no representation or warranty of any kind, expressed, or implied, with respect to the Service (including but not limited to any representation or warranty that the Services have accuracy, completeness, usefulness and/or reliability).

2. The Company shall not be liable for any damages incurred by the User or the third party arising out of delay, modification, discontinuance, cancellation, suspension or termination by the Company of the Services, leaking or disclosure of information transmitted by the User to the Services, or any damages in association with the Services incurred by the User or the third party.

3. Provided that the User causes damage to a third party by using the Services, the User resolves the damages though the User’s own responsibility and finances and the User shall not cause any damage to the Company. In case the User should cause any damage to the Company by irregular practices, wrongful acts, or acts that violate the Terms of Use, the Company may demand compensation from the User.

13. Services Termination

1. The Company shall, at any time, be entitled to terminate the Services at its own discretion. Provided that the Company decides to terminate the Services, the Company shall notify the User in advance by sending an e-mail to the registered e-mail address, or shall announce in advance on the website in regard to the Services about any intended termination by the Company of the Services.

2. By going through the procedures set forth in the preceding paragraph, the Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article 13, except as provided in Laws and Regulations of Japan.

3. The User shall be liable to the Company for any damages incurred by the Company arising out of the information that the User provides the Company by using the Services.

14. Amendments

1. The Company reserves the right to amend or change the Terms of Use. In addition, if the User uses the Services after the Company announced such amendments and changes of the Terms of Use on the website in regard to the Services, the User shall be deemed to have agreed to such amendments or changes to the Terms of Use.

2. The Company shall not in any way be liable for any loss or damages incurred by the User because of the amendments and changes of the Terms of Use.

15. Governing Law and Severability

1. The Terms of Use shall be governed and construed in accordance with the laws of Japan.

2. In any provision of the Terms of Use or parts thereof are held to be invalid or unenforceable under the Consumer Protection Law and Regulations in Japan and other mandatory rules in Japanese laws and regulations, the remaining provisions herein shall remain in full force and effect.

16. Disputes and Jurisdiction

In case any dispute arises between the Company and User in relation to the Services, it shall be settled between the Company and User after due consultation. Provided that the dispute shall not be settled after due consultation, the dispute shall be brought before the Tokyo District Court of Japan or Tokyo Summary Court for the first instance according to the jurisdictional amount.